Baltimore Castings Corp.

In the Matter of BALTIMORE CASTINGS CORPORATION, EMPLOYER and UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER In the Matter of BALTIMORE CASTINGS CORPORATION, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE #186, DIST. #12, PETITIONER In the Matter of BALTIMORE CASTINGS CORPORATION, EMPLOYER and PATTERN MAKERS LEAGUE OF NORTH AMERICA, DISTRICT #3, AFL, PETITIONER Cases Nos. 5-R-2718,.5-R-27927, and 5-R-2'i'7^?, respectively.-Decided April 0, 1947 Mr. Edward L. Rich, of Baltimore, Md., for the Employer. Messrs. Lawrence Bench and Joseph Neal, both of Baltimore, Md., -for the Steelworkers. Mr. Claude tile. 'FFairfield, of Baltimore, Md., for the Machinists. Mr. Eli J. Oakley, of Washington, D. C., for the Pattern Makers. Mr. Stanley Segal, of counsel to the Board. . DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed, a consolidated hearing in these cases was held at Baltimore, Maryland, on December 4, 1946, before Earle K. Shawe, hearing,officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Baltimore Castings Corporation, a Maryland corporation with offices and place of business in Baltimore, Maryland, is engaged in the manufacture of cast iron soil pipes and soil pipe fittings. From the commencement of its operations in July 1946 to December 1946, it purchased raw materials and equipment Valued at about $756,000, of which approximately 6 percent was shipped to its plant from outside the State of Maryland. During the salve period it manufactured 73 N L. R. B., No. 20. 128 BALTIMORE CASTINGS CORPORATION 129 finished products valued at about $27,400, of which approximately 80 percent was shipped out of the State. The Employer estimates that its annual sales of finished products will exceed $500,000, of which approximately 50 percent will be shipped out of the State. The Employer admits for the purposes of this proceeding, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Steelworkers of America, herein called the Steelworkers, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. International Association of Machinists, Lodge #186, Dist. #12, herein called the Machinists, in an unaffiliated labor organization, claiming to represent employees of the Employer. Pattern Makers League of North America, District #3, herein called the Pattern Makers, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. ICI. TH1,QUESTIONS CONCERNING REPRESENTATION The Employer refuses to recognize any of the labor organizations herein as the exclusive bargaining representative of any of its em- ployees until such labor organizations have been certified by the Board in an appropriate unit or units. We find that questions affecting commerce have arisen concerning the representation of employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 1V. THE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES The Steelworkers seeks a unit of all production and maintenance employees, including trainees, janitor, instructor, storekeeper, ma- chinists, welders, maintenance mechanics, carpenters, tool makers, electricians, and helpers to the aforesaid skilled employees, but ex- cluding pattern makers and their apprentices, casual employees, time- keeper, guards, watchmen, office and clerical employees Sand super- visors. The Machinists desires a unit of all machinists, welders, maintenance mechanics, carpenters, tool makers, electricians and help- ers to the foregoing skilled mechanics, excluding pattern makers and their apprentices and supervisors. The Pattern Makers urges a unit of pattern makers and their apprentices, excluding supervisors. The Employer is neutral with respect to the number of units established. It agrees as to the proposed inclusions and exclusions except insofar as trainees, the instructor, and the janitor are concerned. As noted 130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD above, the Steelworkers desires to include them in its unit; the Em- ployer would exclude them. The Employer's operations are organized into two prilicipal de- partments, the foundry and the pattern shop, respectively, each of which is in a separate building and is separately supervised. The foundry employs molders, coremakers, furnace men and helpers. These men are engaged directly in manufacturing the soil pipes and the fittings produced by the Employer. The pattern shop has pattern makers and their apprentices to make wood patterns and various skilled mechanics such as machinists, electricians, and welders for general maintenance work.' None of the parties object to the creation of a separate unit for the pattern makers and their apprentices. Inasmuch as these employees constitute a well-recognized craft group, we shall establish them as a separate unit.' The foundry and maintenance employees could unquestionably con- stitute a single appropriate unit as requested by the Steelworkers, inasmuch as they are part of a single enterprise.' On the other hand, the skilled craft employees and their helpers engaged in maintenance work may also, as the Board has held in other cases, constitute a sep- arate appropriate unit.4 In these circumstances, the customary solu- tion is for the Board to direct self-determination elections among the employees in these voting groups before determining the appropriate unit or units. The Steelworkers contends, however, that in 1943, the Board did direct such elections among the foundry and maintenance employees at this plant and as a result of this election found a single unit of both groups appropriate.5 The Steelworkers argues that this previous determination of the Board is conclusive of the propriety of a single unit. The facts in connection with this contention are as follows: The present plant was formerly owned by Maryland Sanitary Manufac- turing Corporation which was engaged until August 1945 in manu- facturing war materials for the United States Navy. In July 1945, the Employer purchased the plant and converted it to the manufacture of soil pipes. The Employer is in no way connected with the former owner. Its operations, its machinery and its end products are dif- ferent from those of the Maryland Sanitary Corporation. The nuin- 'Pout miiclumsts regularly work in the ioundiv, but they are supervised by the patent shop foreman 2 See Matter of lVestiaghouse Electric Corporation, 69 N. L it. B 215, and Matter of Landis Toot Company, 65 N. L. R B 1279. * See Matter of Mat land Sanitaiy Manufacturing Corporation, 53 N L It B 1490 4 See Matter of Doughnut Corpoiation of America, 66 N L. It B 1231 , Matter of Electra Metallurgical Company, 56 N L. R B 1464 5Matter of Maryland Sanitary Mannfactui eq Corporation. supra . After the Boards certification, Maiyland Sanitary Manutacturing Corporation and the Steelworkers entered into a collective bargaining contract which was effective fioar January 1945 to August 1945, when the Company ceased operations BALTIMORE CASTINGS CORPORATION 131 ber of present employees is only one-third as large as the number employed by the previous owner and, of the present employees, only :iO percent formerly worked for the Maryland Sanitary Corporation. Finally, the voting groups.set up in the earlier decision consisted of (1) foundry employees and (2) machine and shell shop employees. There is no shell shop at this time. In view of the different owner- ship and operations, Ave are of the opinion that the Board's unit find- ing in the illaryland Sanitary illanufactevi,ing Corporation case is not controlling. Inasmuch as the foundry and maintenance employees may consti- tute either a single unit, or two separate units, we shall defer making any unit findings. as to these employees pending the outcome of the elections directed hereinafter. Our unit findings will be determined, in part, by the desires of the employees themselves, as expressed in the elections. Disputed categories The Employer employs five or six trainees in the foundry who are learning to become coremakers. The Employer would exclude them from the unit requested by the Steelworkers on the ground that the ability of the trainees to become coremakers has not yet been deter- mined. The trainees work side by side with regular employees under the sane working conditions. We shall, therefore, include them in the unit." The Employer would exclude the instructor of the trainees from the unit on the ground that he has supervisory authority. It is apparent from the record that the instructor can effectively recommend changes in the status of trainees and that lie exercises the same authority over the trainees as do foremen over regular employees. We find that the instructor is a supervisor within the Board's customary definition. We shall exclude him. The Employer employs one janitor whom it would exclude al- legedly because lie performs a substantial part of his work in the office. It appears that the janitor works in both the office and the foundry proper, performing janitorial services in both places. He is an hourly paid employee. In view of the fact that a large part of the janitor's work is in the foundry, we shall include him in the unit. We find that all pattern makers and their apprentices, excluding all supervisory employees, with authority to hire, promote, discharge, discipline, or otherwise effect changes ii-the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 6 See Matter of Served, Inc , 65 N. L. R B. 1067. 132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We shall direct that three separate elections by secret ballot be held among the employees in the unit found appropriate above and in the two voting groups described below, who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction : (1) All machinists, welders, maintenance mechanics, maintenance man-mechanical (grinding. room), mechanic and maintenance man (foundry), carpenters, tool makers, electricians and helpers to the foregoing skilled mechanics, excluding pattern makers and their ap- prentices and all supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status, of employees, or effectively recommend such action; (2) All foundry employees, including trainees and janitor, but excluding pattern makers and their apprentices, machinists, weld- ers, maintenance mechanics, maintenance man-mechanical (grinding room), mechanic and maintenance man (foundry), carpenters, tool makers, electricians and helpers to the foregoing skilled mechanics, casual employees, timekeeper, watchmen, guards, office and clerical em- ployees, instructor, and all other supervisory employees with author- ity to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Baltimore Castings Corporation, Baltimore, Maryland, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifth Region, acting in this hatter as agent for the National Labor Relations Board and subject to Sections 203.55 and '203.56, of National Labor Relations Board Rules and Regulations- Series 4, among the employees in the appropriate unit and voting groups described in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, in- cluding employees who did not work during said pay-roll period be- cause they were ill or on vacation or temporarily laid off, and includ- ing employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections, to determine : a Any participant in the election in voting group ( 1) may , upon its prompt request to, and approval thereof by , the Regional Director , have its name removed from the ballot BALTIMORE CASTINGS CORPORATION 133 . (a) In the unit heretofore found appropriate, whether or not they desire to be represented by Pattern Makers League of North America, District #3, AFL, for the purposes of collective bargaining; (b) In voting group (1), whether they desire to be represented by International Association of Machinists, Lodge #186, District #12, or by United Steelworkers of America, CIO, for the purposes of col- lective bargaining, or by neither; (c) In voting group (2), whether or not they desire to be repre- sented by United Steelworkers of America, CIO, for the purposes of collective bargaining. CHAmrIAN HExzoa took no part in the consideration of the above Decision and Direction of Elections.